Featured Issue: Asylum Under Trump 2.0
On the first day of his second term, President Trump suspended all entries at the U.S. Southern Border for asylum seekers. Since then, the Administration has implemented sweeping restrictions that shut America’s doors to people fleeing persecution. These policies violate federal law, erode constitutionally protected due process, exacerbate the asylum backlog, and give those seeking safety an increasingly narrow path to protection.
Left unchecked by Congress, these policies will have dire consequences for both asylum seekers and the integrity of our legal system. Asylum seekers—especially those without access to counsel—are at grave risk of being returned to harm.
It doesn’t have to be this way. The Administration can maintain order at U.S. borders and effectively manage migration without sacrificing fairness and adherence to the law. With more trained asylum officers, a streamlined legal process, legal representation for asylum seekers, and more effective coordination between relevant agencies, the U.S. can establish a safe, orderly, and humane asylum system.
Browse the Featured Issue: Asylum Under Trump 2.0 collection
Dara Lind Releases IJ Guidance Following the Federal Court Order in Al Otro Lado v. Wolf
A federal judge limited asylum ban 2.0 from being applied to individuals prevented from accessing the U.S. asylum process before the asylum ban was implemented. After ProPublica reported that IJs adjudicating these cases had not been notified about this decision, DOJ shared new guidance.
CA5 Holds It Lacks Jurisdiction to Review Motion to Reopen That VWP Participant Was Not Entitled to File
The court held that, as a Visa Waiver Program (VWP) participant, petitioner was limited to contesting his removal on the basis of an asylum application, and thus that INA §217(b)(2) barred him from challenging his deprivation of a hearing via a motion to reopen. (Lavery v. Barr, 11/22/19)
Congressional Letter to CBP Expresses Concerns over Truncated Asylum Programs
Members of Congress sent a letter led by Representative Veronica Escobar (D-TX) to the Acting Commissioner of CBP, Mark A. Morgan, expressing concerns over two new programs subjecting vulnerable individuals in El Paso, Texas to truncated asylum review processes.
EOIR to Open New Immigration Court in Los Angeles
EOIR will open a new immigration court in Los Angeles, on December 9, 2019. The Van Nuys Blvd. immigration court will cover Kern, San Luis Obispo, Santa Barbara, and Ventura counties, and parts of Los Angeles County. Notice includes court’s location, contact information, and hours of operation.
BIA Rescinds In Absentia Order Against Respondents Formerly in MPP
Unpublished BIA decision rescinds in absentia order sua sponte in light of DHS non-opposition stating that respondents did not receive notice after being removed from the Migrant Protection Program. Special thanks to IRAC. (Matter of M-D-R-D-, 11/21/19)
Prepping for the Next Debate: Where the Candidates Stand on Immigration
Greg Chen and Cara Pavlak highlight the positions of the Democratic presidential candidates on immigration and encourage readers to use the AILA 2020 Election Guide, and the accompanying social media toolkit, to engage on immigration during the debate.
BIA Finds Certain Informants to Be a Cognizable Social Group
Unpublished BIA decision holds “noncriminal informants that have testified against criminals” is a cognizable particular social group. Special thanks to IRAC. (Matter of L-M-M-D-, 11/19/19)
CRS Releases Report on Recent Apprehension Trends at the U.S. Southwest Border
CRS released a report on changing migration and apprehension trends at the U.S. southwest border, providing data on apprehensions by country of origin, demographic categories, family units, UACs, and total apprehensions between 2012 and 2019.
Joint DHS and DOJ Interim Final Rule to Implement “Asylum Cooperative Agreements”
Joint DHS and DOJ interim final rule to implement “Asylum Cooperative Agreements” that the U.S. enters into with other countries pursuant to INA §208(a)(2)(A), with the exception of Canada. The rule is effective 11/19/19. (84 FR 63994, 11/19/19)
AILA Statement for House Subcommittee Hearing on Remain in Mexico
AILA submitted a statement to the House Border Subcommittee for the 11/19/19 hearing on “Examining the Human Rights and Legal Implications of DHS’ ‘Remain in Mexico’ Policy.”
Federal Court Blocks Trump Asylum Ban from Being Applied to Thousands of Asylum Seekers
A district court provisionally certified a class and blocked the government from applying the asylum ban to a class of non-Mexican asylum seekers who were unable to make a direct asylum claim at a POE before July 16, 2019. (Al Otra Lado, Inc. v. McAleenan, 11/19/19)
EOIR Releases Guidance on Implementation of Asylum Cooperative Agreements
EOIR issued PM 20-04, with guidelines regarding new regulations providing for the implementation of the Asylum Cooperative Agreements. Guidance is effective as of 11/19/19 and applies to individuals who arrive at U.S. ports of entry, or enter, or attempt to enter on or after 11/19/19.
USCIS Guidance on U.S./Guatemala Asylum Cooperative Agreement Threshold Screening
Reuters obtained USCIS training materials for asylum officers on U.S. Guatemala Asylum Cooperation Agreement threshold screening. Buzzfeed first reported the guidelines.
Press Call: AILA Experts and Asylum Officer Whistleblower Discuss “Remain in Mexico” Program and Secretive Tent Courts
On a press call, AILA’s Ben Johnson and Andrew Nietor joined whistleblower asylum officer Douglas Stephens and his attorney to share insights from their individual experiences with the Remain in Mexico program and the continued due process concerns surrounding the secretive tent courts.
Photos from Brownsville Delegation
AILA leaders traveled to Brownsville, Texas, and witnessed firsthand how this administration is blocking access to legal representation, due process, and ultimately safety for asylum seekers.
AILA Joins Organizations and Academics to Call for End to Remain in Mexico Program
On 11/18/19, AILA joined numerous immigration, human rights, and civil rights organizations and academics in asking Congress to end the Trump administration’s “Remain in Mexico” program, as it places asylum seekers in great danger, violates U.S. law, due process, and international legal obligations.
Disturbing Lack of Transparency Implicates Government Data Reliability
AILA Member Alison Griffith describes the recent concerns regarding the reliability of EOIR immigration court data received via FOIA and urges people to contact Congress about the need for EOIR to share accurate data upon which the public depends.
DHS Proposed Rule on Employment Authorization for Asylum Applicants
DHS proposed rule which would make multiple changes to the regulations governing asylum applications and eligibility for employment authorization based on a pending asylum application. Comments are due 1/13/20. (84 FR 62374, 11/14/19)
BIA Vacates Adverse Credibility Determination Based On Similarity to Other Asylum Claims
Unpublished BIA decision vacates adverse credibility finding where IJ stated without elaboration that respondent’s claim resembled facts in approximately 100 other Bangladeshi asylum claims he had heard. Special thanks to IRAC. (Matter of M-U-S-, 11/14/19)
BIA Remands Case of Asylum Applicant Who Was Unrepresented Before IJ
Unpublished BIA decision remands to consider cognizability of PSGs raised for first time on appeal—including “Guatemalan women”—because respondent was pro se before the IJ. Special thanks to IRAC. (Matter of E-E-G-R-, 11/14/19)
EOIR Director Testifies on EOIR Operations Before Senate Committee on Homeland Security and Governmental Affairs
On November 13, 2019, EOIR Director James McHenry offered testimony before the Senate Committee on Homeland Security and Governmental Affairs about the progress EOIR has made in adjudicating cases in FY2019, continuing challenges, and the impact of unauthorized migration on its operations.
Questions to Help Prepare for Direct Examination in an Asylum Hearing
A questionnaire to help you prepare for direct examination in an asylum hearing.
AILA Sends Letter to Congress Demanding Public Access to Tent Courts
On 11/12/19, AILA called on Congress to require DHS to allow public access to the tent courts and to visit the tent courts at Laredo and Brownsville in order to observe the tent court proceedings firsthand.
DOJ Settles Discrimination Claim Against Florida-Based Tech Staffing Firm
DOJ reached a settlement agreement with Perspective Talent LLC, a Pembroke Pines, Florida, IT recruiting and staffing firm, resolving a complaint that the firm discriminated against work-authorized non-U.S. citizens, including asylees, because of their citizenship status.
BIA Rules on Legal Standard Governing Reopening of Proceedings to Terminate a Grant of Asylum
BIA ruled that reopening proceedings to terminate a grant of asylum is warranted if DHS demonstrates that evidence of fraud in original proceeding was not previously available and is material if it would have called asylum eligibility into doubt. Matter of X-Q-L-, 27 I&N Dec. 704 (BIA 2019)